Paul Heger, «Source of Law in the Biblical and Mesopotamian Law Collections», Vol. 86 (2005) 324-342

This study argues that the source of the law constitutes the crucial ideological and
practical difference between man-made and God-given codices. In the
Mesopotamian codices, while the gods grant to the sovereign the authority to
govern, it is he who ultimately creates the relevant laws. He is thus the source of
the law and controls its application. God is the only source of biblical law, and is
involved in its implementation. This crucial difference has far-reaching
consequences. In particular, Mesopotamian laws focus on the redress of harm
done to humans and on disruption of human order; further, legal procedures,
sanctions and modes of compensation can be changed, forgiven or abolished.
Biblical law regards some infractions as harms against humans, but others are also
perceived as crimes against the Lord and a disruption of the divine order.
Punishments are fixed by God in both cases, and are eternal and inalterable.

330 Paul Heger
supplementary penalty of a monetary fine or corporal punishment,
possibly for destabilizing the social and public order (28).
Although some of the compositions, fines and corporal punish-
ments are precisely defined in the cuneiform laws, certain decisions
remain the prerogative of the king (29), and in a great variety of
occurrences the injured parties determine the kind of punishment (30)
and its mode of application (31).
Biblical law also has at its foundation the obligation to redress
harm caused to another member of society. A distinctive feature of this
law, however, is that a number of crimes against humans are also an
offence against the Deity. Since God is the source of the law, a
transgression constitutes a â€œsinâ€ against Him.
It is the laws pertaining to capital offences and sexual misbe-
haviour that most clearly demonstrate the consequences of a distinct
theological foundation. Taking the life of a person, as well as certain
types of sexual misconduct, are perceived as offences against the
divine order of the universe, created by God; the Deity has an interest
in the worldâ€™s orderly existence, as essential and advantageous to its
subsistence (32). In a certain sense one can compare this to the
punishments in Mesopotamian law â€” pecuniary and corporal â€”
inflicted for actions that destabilize the public order (33). But there are
differences. The biblical theology that God cares for His creatures and
that His laws are devised for their benefit, not for His gratification (34),
(28) J.J. FINKELSTEIN, â€œAmmiÂ¶aduquaâ€™s Edict and the Babylonian â€˜Law
Codesâ€™â€, JCS 15 (1961) 98 writes that some crimes were considered detrimental
to the welfare and moral order of the society at large, and punishable by the public
authority.
(29) See MAL C 8 and 10: For theft and embezzlement the punishment is
determined by the king. In LE 58, on the other hand, which states â€œa capital case
is only for the kingâ€, it seems that the king does not decide the issue of the law in
this case, but the question of fact whether there has been an intentional murder or
manslaughter.
(30) MAL B 2 grants to the next of kin of the murdered person the right to
choose whether to kill him in revenge, or receive compensation.
(31) We read in MAL A 15 that the betrayed husband can kill his adulterous
wife, or cut off her nose, or release her altogether. A 16 declares that the betrayed
husband â€œshall impose whatever punishment he chooses upon his wifeâ€.
(32) See Lev 18,5; Ezek 20,11; Deut 4,5-8; 12,28; 22,7; Mic 6,8; Jonah 4,11.
(33) MAL B 18 specifies corporal punishment for the man who does not agree
to cooperate with his fellow citizens in the just sharing of irrigation water.
(34) God castigates the Israelites to â€œstop bringing meaningless offeringsâ€ (Isa
1,13), and instead â€œâ€¦stop doing wrong, learn to do right, seek justice, encourage
the oppressedâ€ (1,16-17).